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(영문) 대구지방법원 2021.02.17 2020고합533
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a bookstore with the trade name “D” in Daegu Suwon-gu building B, and the victim E (V, 19 years of age) is a guest of the above bookstore.

Defendant: (a) was aware that the victim who frequently visits the above book points did an act, such as scambling, and scambling, etc.; and (b) was aware that there was a intellectual obstacle to the victim; and (c) committed an indecent act against the victim.

1. The Defendant, after early September 2020, she sawd the victim with the object in the “D” above, and she saw the victim with his/her own hand, and her am, her chest, chest, and urgul with his/her own hand.

2. The Defendant, from around 09:10 on September 15, 2020 to around 09:15, around 09:00 to around 09:15, she was the victim with the goods, and the victim was the victim with the goods, and the victim was the victim’s her own hand, and the victim was the victim’s her am, her chest, chest, her

Accordingly, the defendant forcedly committed an indecent act on a person with a mental disability.

Summary of Evidence

1. The application of the Defendant’s legal stenographic records (E), a statement analysis written statement welfare card, a closure photograph photographic report (with respect to voluntary presentation of victim reasons and clothes) and each investigation report (CCTV image analysis, and the date and time specified for crime) statute;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof, and Article 298 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes as stated in paragraph (2) of the said Article with heavier punishment];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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